04-10-06 Council Meeting Minutes

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REGULAR MEETING APRIL 10, 2006 At 7:26 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 63-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528, 2536, 4626, 4606, & 4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation Committee reported that this Committee met this afternoon and it was the consensus of the Committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF 1” Single- Family and Two-Family Residential to “LB” Local Business to allow uses permitted under the “LB” Local Business Zoning District. On side is five undeveloped lots totaling 1.46 acres. To the north is a single-family subdivision, the Villas at Lake Blackthorn, zoned “SF-1” Single-Family and Two-Family Residential. To the east is the U.S. 31 on/off ramp to the south across Brick Road are industrial uses zoned “LI” Light Industrial. To the west is a single-family subdivision in the City zoned “SF1” Single- Family and Two Family, and office in the County zoned “O” Office, and a storage building zoned “C” Commercial in the County. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provides for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” District are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The site plan shows three buildings with a maximum of 10,235 square feet. As proposed, there is the need for extensive variances from the required buffer yards and setbacks on each side of the property. Residential buffer yards are required on the north and west and a 50 foot building setback is required on the east and south. Foundation landscaping is also required.The real estate office located on the west side of Lake Blackthorn Drive was rezoned “O” Office in the County in 1998. The storage building was rezoned “C” Commercial in the County in 2003. This petition was tabled by the petitioner in December 2004. Two driveways on Lake Blackthorn Drive are proposed as access to this site. Municipal water and sewer are available to the site. The staff recommends that the developer enter into written commitments that would allow only uses that would serve the nearby residential areas rather than act as destination commercial; that the northern area be used only for offices and that the buffer yard requirements be met; that access is approved by the City Engineer; that the open space- landscaping be increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. The Comprehensive Plan neighborhood policy states that commercial uses should be located in such a manner that conflicts with residential uses are minimized. Goal 2, Objective C, Policy v: Automobile traffic generated by commercial uses should not travel through residential areas. This site is located at the entrance of a residential subdivision. The rezoning can be compatible with the Comprehensive Plan 5