07/09/07 Council Meeting Minutes

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REGULAR MEETING JULY 9, 2007 consist of open space. Fifteen (15) parking spaces are provided. The site has two access points; one off of Stull Street and one off of Michigan Street. A variance will be required to allow the placement of the trash enclosure in a front yard. The property was previously used as a bridal shop zoned Mixed Use District. Michigan Street has four lanes. Stull Street has two lanes. The site will be served by municipal sewer and water. The rezoning is consistent with the Comprehensive Plan land use policy and future land use map. The site is currently a vacant building. The area is a mixture of commercial uses and public service activities. The most desirable use for this site is mixed use or commercial. The surrounding property values will be unaffected by the rezoning. It is responsible development and growth to allow the reuse of a vacant property for commercial development in an area dominated by commercial uses. Based on information available prior to the hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to written commitments that the building be developed 0' to 5' from the Michigan Street property line. The uses found in the LB Local Business District are appropriate along a major traffic corridor, such as Michigan Street. The reuse of this site is compatible with the surrounding land use which is a mix of business, commercial and institutional uses. The South Gateway Urban Design Study and Improvement Plan, adopted December 1992, put forth development guide lines for new development along the Michigan Street corridor. These guide lines suggest zero foot setbacks be provided in this area. The zero foot setbacks will help to create and enhance the enclosure of the street. In addition, the City of South Bend -South Gateway Streetscape Concept Plan, June 1998 and City of South Bend -South Gateway Commercial Corridor Action Plan, July 1998, address the issue of providing similar style streetscapes along the entire corridor. This area was zoned MU Mixed Use, in part, because the development standards within this district would help to bring about the goals of these plans. In this case, other adjacent properties such as Real Services to the north, as well as, several businesses to the south have been developed with a minimal front yard building setback. Allowing the petitioner's new building to be built more than 5' from the Michigan Street property line would in affect compromise the current Streetscape conditions designed by the city and its partner for the immediate area. The City of South Bend has expressed to the developer a willingness to facilitate the process to obtain the necessary variances from the development standards to achieve the desired Streetscape. They have also shown a willingness to offer other financial benefits for relocating the building closer to Michigan Street. Mr. Joseph Nagy, 2226 Ribourde Drive, South Bend, Indiana, made the presentation for this bill. Mr. Nagy advised that he is a Board Member of Sobieski Bancorp. This property is one of the remaining assets that Sobieski Bankcorp needs to dispose of The contingent Mr. Kevin Vernick is here. We have a sales agreement with Mr. Vernick to demolish the property and they will build a new building on this site. This bill would allow for the approval of a rezoning from Mixed Use to Local Business for a paint store. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello stated that a question came up that this is not going to be a retail paint store? Mr. Vernick, Thompson, Vernick South Bend LLC, 2000 N. Racine, Chicago, IL advised that this will be a retail paint store. Councilmember Kuspa welcomed Mr. Vernick to the 6~` District and commented that they will be an asset to the South Gateway Corridor. Ms. Shirley Kuhn, P. O. Box 1235, South Bend, 46624, advised that she owns the property south of the land that they are talking about. How is a paint store going to fit into the City Plan? Ms. Kuhn asked for a clarification on the difference between Mixed Use and Local Business.