03-14-11 Common Council Meeting Minutes

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REGULAR MEETING MARCH 14, 2011 Councilmember Rouse explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 03-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Christa Nayder, Staff Member, Area Plan Commission, 11th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF 1 Single Family and Two Family District to OB Office Buffer District to allow an insurance agency. She stated that on site is a house and shed. To the north is a single family home zoned SF 1 Single Family and Two Family District and the Fairington Apartments zoned M172 High-Density Multifamily District. To the east is a vacant parcel zoned SF 1 Single Family and Two Family District and the Fairington Apartments zoned M172 High-Density Multifamily District. To the south, across Jackson Road, is the Southside Baptist Church, zoned SF 1 Single Family and Two Family District. To the southeast is the Hermitage Estates subdivision zoned PUD Planned Unit Development District. To the west, across Miami Street, is Jackson Middle School and a NIPSCO substation, both zoned SF Single Family and Two Family District. Ms. Nayder advised that the Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. She stated that the site if 1.15 acres. A new 5,950 square foot building is proposed. The maximum size of a building in the OB Office Buffer District is 5,000 square feet. A variance for building size will need to be filed with the Area Board of Appeals. The building coverage is 12% of the site. The twenty-two parking spaces, plus drives, cover 25% of the site. The site plan shows an access on Miami and an access on Jackson. The subdivision done in 1986 allowed one access on Miami. A replat must be submitted so that the access on Jackson can be granted by the Plat Committee during the subdivision process. She noted that Miami Road was recently widened to four lanes. Jackson Road is two lanes with a right turn lane. The site is currently served by a well and septic system. The site plan indicates the new building will be connected to water and sewer. Water lines are located along both Jackson Road and Miami Street. The City Engineer notes sanitary sewer is located approximately 275' east of the site. The Historic Preservation Commission lists this structure as "notable" on a 2005 survey. She noted that the future land use map has designated this site as low density residential. Ms. Nayder noted that if properly buffered, the surrounding property values should not be affected. It is responsible development and growth to accommodate compatible uses at this intersection. Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. Ms. Nayder stated that the intent of the Office Buffer District, in part, is to serve as a transition district. The OB District development standards are established 2