07-09-12 Common Council Meeting Minutes

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REGULAR MEETING JULY 9, 2012 Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: “End of Section 1: Said rezoning shall be subject to the written commitments set forth in Exhibit A which is attached hereto and included herein.” Councilmember Oliver Davis, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation as amended. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family & Two Family District to CB Community Business District to allow two stall garage (Auto Repair-major). On site is a one stall residential garage, on a separate lot from the primary. To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. To the west is a single family home zoned SF 2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34%. Residential bufferyard landscaping is shown on three side behind the building, and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Are Board of Zoning Appeals: Side Residential Bufferyard from 20’ to 0’ for parking; Front Setback from 15’ to 0’ for parking; Aisle width from 24’ to 20’; Parking screening landscaping from what is required by ordinance, to none. This property was zoned B Residential (Multifamily) under the prior zoning ordinance. When the zoning ordinance was revised in 2004, the zoning changed to SF2 Single Family and Two Family District. Parry Street is a two lane street that runs from a former railroad right-of-way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. City of South Bend utilities (water and sewer) are available in Parry Street. The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street, and should not be used as direct access for business uses. If the rezoning is approved, several variances from the development standards will be required. The future Land Use Map identifies this area as medium density residential. The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street, the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. The most desirable use is a compatible with the Howard Park Neighborhood Plan. A commercial use, especially one that would need multiple variances, in the middle of a 2