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REGULAR MEETINGFEBRUARY 28, 2005 <br />Mr. Videkovich advised that the petitioner is requesting a zone change from “R” <br />Residential (County) to “CB” Community Business (City) to allow a shopping center, dry <br />cleaners, restaurant, and similar businesses. On site is a single-family home and vacant <br />land. To the north are single family homes in the City zoned “CB” Community Business <br />and “OB” Office Buffer, vacant land in the City zoned “MF2” Multi-family, and single- <br />family homes in the County zoned “R” Residential. To the east are single-family homes <br />in the County zoned “R” Residential and an apartment complex in the City zoned “MF2” <br />Multifamily. To the south is a bank and a commercial center in the City zoned “CB” <br />Community Business. To the west are industrial uses in the City zoned “LI” Light <br />Industrial. The “CB” Community Business District is established to provide a location <br />for high volume and high intensity commercial uses. Activities in this district are often <br />large space users which may include limited amounts of outdoor sales or outdoor <br />operations. The site plan shows a 8,200 sq. ft. retail building and associated parking. <br />Approximately half of the space will remain as open space. The parking areas for this <br />site and the site adjacent to the south will be connected to provide ingress and egress <br />between these properties. There is one access shown onto Portage Road. Screening and <br />landscaping are shown and labeled on the site plan. The property to the south was <br />rezoned to “C” Commercial in 2001 for retail, a restaurant, and financial institution. <br />There is also a large commercial center to the south. The property to the north was <br />rezoned in 2004 to “OB” Office Buffer, “CB” Community Business, and “MF2” <br />Multifamily for retail, restaurant, office and multifamily. As part of that rezoning, the <br />Commission recommended a cross-access easement to the south in anticipation of future <br />commercial growth. At that time, their representative stated an easement would not be a <br />problem. Portage Road is a major thoroughfare between the northern parts of the County <br />and South Bend. It is only two lanes at this location. The petitioner is not showing any <br />accel/decal lanes. The staff does recommend the petitioner work with the developer to <br />the north to record a cross-access easement to reduce traffic on Portage Road. Public <br />water and sanitary sewer are available to this site. If this is approved, it should be subject <br />to recording a cross-access easement with the property to the north. The Area Plan <br />Commission at its Public Hearing on January 18, 2005, sent this Petition to the Common <br />Council with a favorable recommendation subject to recording a cross-easement to the <br />north. Allowing the commercial zoning to expand in this area is responsible growth and <br />is in line with the Comprehensive plan. The proposed uses will provide the residents of <br />this part of the County with an expanded range of services. <br />Mr. David Mirkin, Mirkin Law Offices, P.C. Wells Fargo Bank, Suite 400, 112 W. <br />Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill on behalf of <br />the sellers, Gregory A. and Mary Lou Kizer. <br />Mr. Mirkin advised that this rezoning request is to allow for a shopping center, <br />drycleaner, and a restaurant. Surrounding properties are zoned in conjunction with this <br />parcel of land. There have been no negative remonstrance’s to this rezoning. <br />Councilmember Dieter asked whether there are plans to have more than one restaurant in <br />this complex? <br />Mr. Mirkin stated that there have been discussions with a certain restaurant chain, but is <br />certain that if that chain does not come through, there will be another restaurant interested <br />in this location. <br />Councilmember Rouse asked whether the Ziker Cleaners located on S.R. 23 near the <br />Kroger Supermarket will close that location and move to this new site? <br />Mr. David Fishgrund, Officer, Ziker Cleaners, 1532 E. Colfax Avenue, South Bend, <br />Indiana, advised that most likely that location will close and be relocated to this complex. <br />Councilmember Kirsits asked Andy Videkovich, Staff Planner, Area Plan Commission, <br />to clarify a question regarding the zoning map. Councilmember Kirsits stated as you go <br />north from this development, the next property north is zoned “CB” then “OB” Office <br />Buffer and then next is the residential homes. Is that “OB” zoning the cut off for the <br />commercial development.? <br />6 <br /> <br />