09-12-11 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 12, 2011 PUBLIC HEARINGS BILL NO. 42-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY PINE STREET, WESTERN AVENUE, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee reported that this committee met this afternoon on this bill and after hearing the pros and cons voted to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow an off-site parking lot for the Ray and Joan Kroc Corps Community Center and for one off-premise advertising sign structure with two sign faces. On site is an existing off-premise advertising sign (billboard) at the southwest corner of the lot. The remainder is vacant land in the process of being cleared. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east is a vacant lot zoned CB Community Business District. To the south is the Kroc Center zoned PUD Planned Unit Development. To the west across Laurel is the Elks Lodge zoned MU Mixed Use District. The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The site is just over an acre and will consist of 87 parking spaces and a relocated and updated off-premise advertising sign (billboard.) The sign will not have more than 300 square feet of face area and will not be more than 30 feet in height. Perimeter yard landscaping and interior off-street parking area landscaping (landscape islands) requirements are consistent with City of South Bend Zoning Ordinance, Section 21-07.01. The paved area will be 70%. The open space/landscaping will be 30%. There are no buildings. The eastern 182 feet was zoned PUD as part of the Kroc Center project. It received Final Site Plan approval on June 30, 2011. The expansion of the legal description and the addition of the off-premise sign as a use, required a new rezoning and site plan. Western has four lanes. Laurel has two lanes. Pine Street is an improved alley. Access to the parking area will be from both Laurel and Pine Streets. At the July 25, 2011, Common Council meeting, funds were approved to install a traffic signal at the intersection of Western and Laurel. Sewer and water connections will not be required for this site. The off-premise advertising sign currently on one of the lots, is a non-conforming use. The new sign retains the “V” shaped configuration, but on a modern support structure. This area has residential in the single family neighborhood to the north, plus the multi-family developments south of Western. Also in the neighborhood is a retail center, a church and the Ray and Joan Kroc Corps Community Center, currently under construction. The most desirable use involves developing land which has been vacant for some time, and at the same time, supporting the new community center. It is the staff’s opinion that, with the prescribed landscaping, nearby property values should not be adversely affected. The development of the parking lot will support the community center. Based on information available prior to the publc hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The parking lot will support the community center, which has the potential to increase the attraction of the area as a destination. The relocated 2