06/11/07 Council Meeting Minutes

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REGULAR MEETING JUNE 11, 2007 Mr. John William-Locks, 1821'/2 Miami, South Bend, Indiana, stated that this would be a big positive step for the neighborhood. He stated that he has spent more time in that neighborhood than anybody, he grew up in that area, and was a business owner at 1821 Miami and at the corner of Ewing and Miami. He stated that he was a member of the Miami Street Business Association, and moved away from South Bend approximately 25 years ago and has recently returned three years ago. Mr. Locks stated that when he returned he was appalled at the condition of Miami Street. There is nothing on that street that is indigenous to that area to bring people in to shop or do anything. Here we have Mr. Grabill who is willing to bring in a new concept something that all Hoosier should run up and hug this guy for. Hoosiers are trying to promote products that are made in Indiana, and this is a positive project. He stated that he lives just across the street from this location and the City should give him a chance. Ms. Cindy Swartz, 3806 Miami Street, South Bend, Indiana, spoke in favor of this bill. Ms. Swartz stated that she drives past this location everyday on her way to work at Memorial Hospital. This property has been an isore and vacant for years. And now to have an innovative gas station go into this vacant property is a very beneficial to the neighborhood as well as for the City of South Bend. There was no one else present wishing to speak in favor of this bill In Opposition: Michael Divita, Community & Economic Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in opposition to this bill. Mr. Divita advised that he served as the planner for the Miami Street Corridor which includes the subject parcel. He is against this rezoning. The proposed zoning conflicts with the established plans developed by public participation and are inconsistent with the zoning ordinance's intent for GB zoning and would have a negative effective on the neighborhood's appearance. The proposed rezoning even with written commitments runs counter to the Miami Street plan and the City Plan Future Land Use Map approved by the City Council. This property falls within the core of a five (5) block area designated in the plans as a pedestrian oriented Miami Village Retail and Service Commercial Center. The City and the Miami Village Association have worked for nearly a decade to enhance the area and to achieve this vision. In recent years the City has made extensive streetscape improvements along this property and hereby owners have invested thousands of dollars in an effort to improve the appearance and perception of the area. Nearby property owners have said that regardless of written commitments the GB zoning and proposed use would fall beneath the standard that they have been working to achieve and may set the stage for future undesirable uses. The Miami Village Association expressed opposition to the proposed rezoning at its February, March and June meetings. The proposed zoning would up zone the property by five (5) zoning classifications to the most permissive commercial category and would create a land use greatly inconsistent with surrounding properties. A situation unaddressed by the proposed commitments. Additionally, give the parcel's size if it were to meet the zoning ordinance's GB development standards, little space would remain for appropriate business operations. This property past automotive oriented use and difficulty in redeveloping is acknowledged, but this site has never been a location for used car sales and from the prospective of the current zoning ordinance the proposed used car lot would be more of an intense use than the former gas station only. Other auto oriented sites on Miami Street have been reused for commercial retail, restaurant and office uses. Some effort would be required that similar uses could occur here. The property could also be reused solely as a gas station. Mr. Divita further noted that if the Council grants the rezoning with commitments he would recommend that the petitioner commit to the following: restrict the GB uses to only used car sales and gasoline service station without repair; limit the number of cars to ten (10) and pumps to four (4); without variance meet all city parking and landscaping standards; maintain the sign standards of the MU zoning district. The City and area stake holders applaud the petitioner's innovative concept and would absolutely like to see this site productively. However the proposed zoning and use is not