11-12-18 Council Minutes - Laserfiche WebLink

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REGULAR MEETING November 12, 2018 Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 56-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA (PREVIOUSLY BILL NO. 12-17- PUBLIC HEARING PORTION ONLY) Councilmember Karen White made a motion to accept Substitute version of Bill No. 56-18. Councilmember John Voorde seconded this motion which carried by a voice vote of eight(8)ayes. Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation, subject to the aforementioned Substitute version that includes the written commitments from the petitioner. Angela Smith,Deputy Director of the Area Plan Commission with offices located on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Smith stated, First(1St) of all, thank you for cancelling Christmas Eve. That was one (1) of those days I was not looking forward to coming in to work. Before you is a petition to rezone the northeast corner of State Road Twenty-Three(23)and Douglas Road.The property is currently zoned C,Commercial, in the County tied to a final site plan that limits it to a financial institution. When the property owner has decided to renovate the property and connect to City Utilities, they were encouraged to and are here before you tonight to seek an annexation into the City limits of South Bend to CB, Community Business. The property to the east is already in the City zoned CB, Community Business. To the north is a daycare facility in the City zoned 0, Office. To the south we still have B, Business in the County and R, Single-Family. And across State Road Twenty-Three (3) we have a medical complex and an assisted living facility zoned B, Business and R-Two (2), Residential. The current site, as you can see here (referencing a slide in a presentation which is available in the City Clerk's Office), is a former financial institution which will be demolished to make way for a gas station. There is a grade change and some entrance restrictions here that the petitioner will be modifying to make this site work. This (referencing a slide in the presentation) is the site plan that was presented to the Area Plan Commission. Not a significant amount has changed since the Area Plan Commission meeting, although the entire site has been shifted so that they can meet the setback requirements. The drive entrance has also been moved further from the intersection to share with the adjacent property to the east of the site. Ms. Smith continued, The amended ordinance adds a section of the ordinance to allow for this to be tied to the written commitments that were presented. We added written commitment number nine (9) which states there not to be allowed any automotive service or repair on site. At the Committee meeting this afternoon, that was requested and agreed upon. This came to you from the Area Plan Commission with an unfavorable recommendation back in 2017. I would be happy to answer any questions. Stephen Studer, Partner with Krieg Devault with offices located at 4101 Edison Lakes Parkway, Mishawaka, IN, served as the petitioner for this bill. Mr. Studer stated, Here also this evening are the owners of the property and also Mr. Brian McMorrow with Abenmarche who may answer any additional questions on the site plan. As Angela mentioned, we are seeking to rezone from a County District C, Commercial to a City District CB, Community Business, thus annexing into 2