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REGULAR MEETINGJULY 25, 2005 <br />used car lot. To the north is a fuel-mart in the City zoned “CB” Community Business and <br />a fire station in the county zoned “C” Commercial. To the east are single-family homes <br />in the City zoned “R” Residential. To the south are single-family homes in the City <br />zoned “SF1” Single-family and single-family homes in the County zoned “R” <br />Residential. To the west is a fuel-mart in the City zoned “CB” Community Business, an <br />office in the County zoned “C” Commercial, and single-family homes in the County <br />zoned “R” Residential. The “CB” Community Business District is established to provide <br />a location for high volume and high intensity commercial uses. Activities in this district <br />are often large space users which may include limited amounts of outdoor sales or <br />outdoor operations. The site plan shows the entire area to be rezoned, as well as the lot <br />directly on the corner of Kern Rd. and U.S. South. The entire project is approximately <br />1.2 acres. The proposal is for a 3,200 sq. ft. building. Approximately 45% of the site <br />will be paved for car displays and customer parking, and the remaining space will be <br />open space. The development will be required to have Type ‘B’ Partial Screening <br />adjacent to the residential lots to the south and east. Perimeter parking islands, and a <br />parking hedge are also required. This site was petitioned to be rezoned in 1995 to “C” <br />Commercial in the County for a used car lot and repair garage. That rezoning received a <br />favorable recommendation from the Plan Commission but was denied by the County <br />Council. This stretch of U.S. 31 South has a mixture of general commercial and office <br />uses. To the south of this site is the transitional area between the urban and rural parts of <br />the County. U.S. 31 South is a major highway between South Bend and Indianapolis. It <br />is a four lane road at this location, with dedicated left turn lanes at the intersection of <br />Kern Road. The intersection of Kern Road and U.S. 31 is controlled by a traffic light. <br />Kern Road is a major east/west arterial. It becomes a two lane road to the east of this <br />site, but there are also dedicated turn lanes at the intersection. The site will be serviced <br />by municipal water and sewer from South Bend. A drainage plan is required to meet City <br />Standards. A special exception is required for the proposed use in “CB” Community <br />Business. According to the agencies maps, the Phillip’s Ditch runs through the eastern <br />part of the property. The petitioner will need approval of the County Drainage Board and <br />the Army Corp of Engineers for work done on the ditch. The Comprehensive Plan states <br />that there should be a separation between commercial and residential uses. This petition <br />is in conflict with the Comprehensive Plan in that it extends commercial into a residential <br />area. The Land Use Plan designates this area as a residential growth area. This petition <br />is in conflict with the Land Use Plan. U.S. 31 South is a high speed highway that has a <br />mixture of commercial, office, and residential uses. This stretch is near the transition <br />area between the urban areas to the north and the rural areas to the south. Kern Road is <br />an arterial road that has commercial uses at the intersection of U.S. 31. There is a fire <br />station directly across the street from this petition, with residential uses to the east. The <br />most desirable use for this site is for residential uses. This rezoning should not have a <br />negative impact on the adjacent uses along U.S. 31 or on the fire station across Kern <br />Road. However, the adjacent residential properties may experience some adverse <br />impacts from this rezoning. Locating a commercial use where it may adversely impact a <br />residential neighborhood is not responsible growth and development. Commercial uses <br />should be located at major intersections, but they should not encroach into the residential <br />areas. Based on information available prior to the public hearing the staff recommends <br />that this petition be sent to the Common Council with an unfavorable recommendation. <br />However, the Area Plan Commission at its public hearing on Tuesday, June 21, 2005 <br />sends this bill to the Common Council with a favorable recommendation, subject to the <br />submittal of a final site plan for a building permit showing no fill on any land with an <br />elevation lower than the 100 year flood elevation. <br />Mr. James A. Masters, Attorney at Law, 211 West Washington, Suite 1720, South Bend, <br />Indiana, representing LT Leaseco, LLC, the owner, made the presentation for this bill. <br />Mr. Masters advised that LT Leaseco, LLC is Tim R. Martin, owner of Martin Buick, <br />Pontiac, GMC in Plymouth, Indiana. Mr. Martin intends to use this site to locate an <br />automobile sales business in the City of South Bend. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br />There was no one present wishing to speak in favor of this bill. <br />9 <br /> <br />